As reported by the Senate Community and Urban Affairs
Committee on May 12, 2011, with amendments.

An Actrequiring the periodic inspection of certain
buildings 1, amending P.L.1976, c.761 and supplementing
chapter 27D of Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) As used
in this act:

“Affected building” means a
building, whether residential or commercial, that is six or more stories in
height; or has an item affixed to an exterior building wall that is in excess
of 60 feet in height.

“Building exterior” means all
of the exterior walls of a building, or any part thereof, and shall also
include, but shall not be limited to, any balcony, fire escape, chimney,
hanging air conditioner, marquee, canopy, sign, flagpole, fire escape and
window washing and exterior maintenance system which may be attached to any
portion of the exterior walls of the building.

“Building wall” means an
exterior wall of an affected building and any item affixed thereto.

“Commissioner” means the
Commissioner of Community Affairs.

“Department” means the
Department of Community Affairs.

“Professional” means a
licensed professional engineer experienced in the practice of structural
engineering or a licensed registered architect knowledgeable in the design,
construction, and inspection of building facades.

“Safe” means the condition of a
building exterior, or any part thereof, that does not require repair or
maintenance to sustain the structural integrity of the exterior of the
building.

“Safe with a repair and
maintenance program” means the condition of a building wall, or any part
thereof, that the professional performing an inspection does not consider
unsafe at the time of inspection, but requires repairs or maintenance within a
time frame designated by the professional in order to prevent its deterioration
into an unsafe condition.

“Unsafe” means the condition
of a building wall, or any part thereof, that has no visible means of
structural support and that is dangerous to persons or property and requires
immediate remedial action to protect the public health, safety and welfare. In
addition, any condition of a building wall that was reported as “safe with a
repair and maintenance program” in a previous report and that has not been
corrected by the time of the current inspection, shall be deemed an unsafe
condition.

2. (New section) a. The
Department of Community Affairs shall establish a program for the maintenance
and inspection of building exteriors sufficient to implement the provisions of P.L. , c. (C. )
(pending before the Legislature as this bill). The commissioner shall, pursuant
to the “Administrative Procedure Act,” P.L. 1968, c.410 (C.52:14B-1 et seq.),
promulgate rules and regulations to effectuate the provisions of this bill not
later than the first day of the third month next following the enactment of
P.L. , c. (C. )
(pending before the Legislature as this bill), and shall model those rules and
regulations pertaining to the maintenance of building exteriors and the professional
inspection required in subsection b. of this section after the provisions set
forth in the standards promulgated by ASTM International designated as
“E2270-05 Standard Practice for Periodic Inspection of Building Facades for
Unsafe Conditions.”

b. Every owner of an
affected building shall maintain the building’s exterior walls, and any
appurtenances thereto, in a safe condition. The owner of an affected building
shall provide for the inspection of the building exterior by a professional,
and for the professional’s preparation and filing of an inspection report with
the Department of Community Affairs, on the owner’s behalf as provided in
P.L. , c. (C. ) (pending before the Legislature as this bill),
and in rules and regulations adopted pursuant thereto.

c. The initial inspection of
an affected building shall be conducted under the following schedule:

Construction date:

Report to be completed by:

Undetermined

June 30, 2012

Prior to, and including, 1950

June 30, 2012

1951-1970

June 30, 2013

1971-1980

June 30, 2014

1981-1990

June 30, 2015

1991-2005

June 30, 2016

d. The owner of an affected
building shall provide for the inspection of the building and the filing of an
inspection report at least once during every subsequent five-year period.

e. The commissioner shall
establish a procedure that allows an owner to request, and the department to
grant, a waiver from an inspection requirement whenever an a building wall of
an affected building is substantially restored. The owner shall submit with the
waiver application such information as the commissioner has determined shall be
necessary to enable the commissioner to evaluate the request. The commissioner
shall grant the waiver if the evidence provided by the owner of the affected
building demonstrates that the recent facade restoration obviates the need to
do an inspection until the next inspection cycle.

3. (New section) The
inspection required in section 2 of P.L. , c. (C. )
(pending before the Legislature as this bill) shall be conducted by, or under
the supervision of, the professional and performed to the best of the
professional’s knowledge and belief, in accordance with rules and regulations
promulgated by the commissioner as required in section 2 of P.L. ,
c. (C. ) (pending before the Legislature as this bill).

Upon discovery of any unsafe condition,
the professional shall immediately notify the owner of the building by
electronic mail or by fax; and shall within 12 hours of discovery, notify the department
in writing and in an electronic format determined by the department. Any
condition of a building wall that was reported as “safe with a repair and
maintenance program” in a previous report and that has not been corrected by
the time of the current inspection, shall be deemed an unsafe condition

The professional may order any
inspections or additional tests that the professional deems to be necessary in
order to support the findings of the inspection and to determine the cause of
any defect in the building exterior. Any such inspection or test that require
the removal of any portion of a building’s exterior shall be performed only
after any required permit has been obtained by the professional on behalf of
the owner.

4. (New section) The professional
shall submit to the owner of the affected building a written report about the
result of the inspection, certifying that the inspection was performed and
completed in accordance with the provisions of P.L. , c. (C. )
(pending before the Legislature as this bill), and detailing all conditions not
classified as safe. The department may impose a processing fee that shall be
paid to the department upon the submission of the summary of the written
report. If the report identifies an unsafe condition, the professional, not
later than 24 hours after completion of the report, shall file a copy of the
report with the department in writing and in an electronic format determined by
the department.

An inspection report shall
include the name and license number of the professional who performed the
inspection and prepared the report, and shall be signed and dated by the professional.
The report shall include the following information about an affected building:

a. the address of the
affected building, and its location from the nearest intersection;

b. the name, mailing
address, and telephone number of the owner of the affected building and of the
owner’s agent, if any;

c. a description of the
building, including number of stories, height, plan dimensions, usage, age and
type of exterior wall construction, and system of water management;

d. a brief history of any
settlements, repairs, or revisions to exterior enclosures, if available;

e. the date of the start
and completion of the inspection, a detailed description of the procedures used
in making the inspection, and extent and location of all physical inspections
performed;

f. a report of all
conditions of the affected building, including but not limited to significant
deterioration and movement observed as well as a statement concerning the
apparent water-tightness of the exterior surfaces, and the deleterious effect
of exterior appurtenances, including exterior fixtures, flagpoles, signs,
parapets, copings, guard rails, window frames, hardware and lights, window
guards, window air conditioners, flower boxes, and similar items. The report
shall classify each such condition as safe, unsafe, or safe with a repair and maintenance
program;

g. the probable causes of
the reported conditions;

h. the status of the
exterior maintenance;

i. with respect to any
conditions listed in the previously filed report, whether those conditions have
been repaired or maintained as recommended in that report;

j. recommendations for
repairs or maintenance, if appropriate, to the affected building, including the
recommended time frame for the repairs or maintenance to be performed;

k. the classification of
the building as either safe, unsafe, or safe with a repair and maintenance
program;

l. photographs or
sketches documenting the location of any conditions that are either unsafe or safe
with a repair and maintenance program;

m. a statement by the professional
indicating which repairs or maintenance require the obtaining of work permits
prior to their commencement;

n. a statement signed by
the owner or agent of the building, acknowledging receipt of a copy of the
report and acknowledging any required repairs or maintenance to be performed on
the affected building and the recommended time frame for performing such
repairs or maintenance;

o. the certification of the
professional that the physical inspection was performed in accordance with
applicable rules and regulations and within the appropriate professional stand
of care.

p. the professional’s seal
and signature; and

q. any other matters that the
department may require.

The professional may submit an
amended report containing additional or revised information concerning the
condition of an affected building not later than 30 days following the date of
the submission of the report to the department. The amended report shall
clearly indicate any change from the initial report and the reasons for the change.

5. (New Section) Not later
than 24 hours after being notified by a professional of an unsafe condition at
an affected building, the owner of the affected building shall take actions
necessary and appropriate to protect the public or ensure public safety,
including but not limited to erecting sidewalk sheds, fences, or safety
netting.

Not later than 1[10]301 days after the
receipt or filing of a report identifying an unsafe condition, the owner of an
affected building shall commence work to correct the condition and work shall
continue without interruption until the unsafe condition has been corrected,
unless there has been an unforeseen delay. Not later than seven days after an
unsafe condition at an affected building has been corrected, the professional
shall re-inspect the affected building and file with the department an amended
report stating the condition of the building.

6. (New section) The owner
of an affected building shall ensure that any conditions described in the
report as “safe with a repair and maintenance program” are repaired, and the
actions identified by the professional are completed within the time frame
designated by the professional or by the time necessary to prevent a condition
from becoming an unsafe condition, whichever is sooner.

7. (New section) a. The department
may grant an extension of time not to exceed 90 days to begin the repairs
required to mitigate an unsafe condition or to repair a “safe with a repair and
maintenance program” condition, after the receipt and review of an initial
extension application submitted by the professional which includes: proof that
the premises have been made safe by means of a shed, fence, or other
appropriate measures; a copy of the contract indicating the scope of work
necessary to remedy the unsafe condition; or the estimate by the professional of
the length of time required for repairs, and a notarized affidavit by the owner
of the building or its agent that work will be completed within such time.

b. A further extension of
time will be considered by the department only upon receipt and review of an
application for an additional extension of time which details that one of the
following criteria has been met: the work has been substantially completed,
but there has been an unforeseen delay outside of the control of the
professional or the persons performing the work; unforeseen circumstances affecting
the ability of the contractor to perform the work, including, but not limited
to, a fire at the affected building, or the collapse of the affected building,
have occurred; or the nature of hazard requires more than 90 days to remove.

c. In the event that a
owner does not make required repairs or does not take corrective actions as
required in sections 5 and 6 of P.L. , c. (C. )
(pending before the Legislature as this bill), the department may enforce the
provisions of P.L. , c. (C. )
(pending before the Legislature as this bill) through the imposition of fines,
stop work orders, or any other authorized enforcement actions permitted under
the “State Uniform Construction Code Act,” P.L.1975, c. 217 (C. 52:27D-119 et
seq.). The department may impose a fine pursuant to this subsection in the
amount of $2,500 for each day that the required repairs have not been made or
the required corrective actions have not been taken.

8. (New section) The owner
of the affected building may appeal in writing the findings set forth in the professional’s
initial or amended report to the department within 30 days of the receipt of
the report, on such form or in such manner as may be required by the
commissioner, and shall include as part of the appeal documents a report from
another professional concerning the condition of the affected building’s facade
and appurtenances thereto. The filing of an appeal shall stay the requirement
for making repairs to the affected building, but not the requirement to take
actions necessary to protect the public safety.

After consideration of an
appeal, the commissioner shall either grant the appeal, deny the appeal, or
grant the appeal with proposed modifications to the professional’s findings as
the department deems appropriate.

19. Section 7 of
P.L.1976, c.76 (C.55:13A-7) is amended to read as follows:

7. The commissioner shall
issue and promulgate, in the manner specified in section 8 of P.L.1967, c.76
(C.55:13A-8), such regulations as the commissioner may deem necessary to assure
that any hotel or multiple dwelling will be maintained in such manner as is
consistent with, and will protect, the health, safety and welfare of the
occupants or intended occupants thereof, or of the public generally.

Any such regulations issued
and promulgated by the commissioner pursuant to this section shall provide
standards and specifications for such maintenance materials, methods and
techniques, fire warning and extinguisher systems, elevator systems, emergency
egresses, and such other protective equipment as the commissioner shall deem
reasonably necessary to the health, safety and welfare of the occupants or
intended occupants of any units of dwelling space in any hotel or multiple
dwelling, including but not limited to:

(e) Electrical wiring and
outlets, and paints and the composition thereof;

(f) Doors, and the manner
of opening thereof;

(g) Transoms, windows,
shafts and beams;

(h) Chimneys, flues and
central heating units;

(i) Roofing and siding
materials;

(j) Lots, yards, courts and
garages, including the size and location thereof;

(k) Intakes, open ducts,
offsets and recesses;

(l) Windows, including the
size and height thereof;

(m) Rooms, including the area
and height thereof, and the permissible number of occupants thereof;

(n) Stairwells, skylights
and alcoves;

(o) Public halls, including
the lighting and ventilation thereof;

(p) Accessory passages to
rooms;

(q) Cellars, drainage and
air space;

(r) Water-closets,
bathrooms and sinks;

(s) Water connections,
including the provision of drinking and hot and cold running water;

(t) Sewer connections,
privies, cesspools, and private sewers;

(u) Rain water and drainage
conductors;

(v) Entrances and ramps; and

(w) Presence of lead-based
paint hazards in multiple dwellings and in single-family and two-family
dwellings, exclusive of owner-occupied dwelling units, subject to P.L.2003,
c.311 (C.52:27D-437.1 et al.). In a common interest community, any inspection
fee for and violation found within a unit which is solely related to this
subsection shall be the responsibility of the unit owner and not the
homeowners' association, unless the association is the owner of the unit.

Following the effective
date of P.L. , c. (c. ) (pending before the Legislature as this
bill), no inspection of an exterior building façade shall be conducted pursuant
to P.L.1967, c.76 (C.55:13A-1 et seq.), but instead shall be conducted pursuant
to section 2 of P.L. , c. (C. ) (pending before the Legislature as
this bill).1

(cf: P.L.2007, c.251, s.5)

1[9.]10.1 This act shall
take effect on the first day of the fourth month next following enactment,
except that subsection a. of section 2 shall take effect immediately.